Forms of cooperation and subjects responsible for committing offences in commercial companies

• Author: Skerdian Kurti, Erton Kaleshi
• Position: University of Tirana
• Pages: 9-15

ISSN 2410-3918 Academic Journal of Business, Administration, Law and Social Sciences Vol 1 No 2

Acces online at www.iipccl.org IIPCCL Publishing, Tirana-Albania July 2015

9

Forms of cooperation and subjects responsible for committing oences in

commercial companies

Dr. Skerdian Kurti

University of Tirana

Erton Kaleshi

University of Tirana

Abstract

Most of the oences envisaged under the Criminal Code and other specic laws can be

committed by general subjects, while another part may be committed only by subjects that

enjoy certain qualities. A special signicance in commercial criminal law takes the detailed

study and knowledge of the entities responsible for committing oences of an economic

nature. As noted above, it comes to criminal oenses which can be committed not only by

special subjects, but also by general ones. What appears problematic in the current case

due to the highly technical nature of these oences is the knowledge and understanding

of the distinctive features of particular subjects. e denition of responsible subjects

constitutes an important problem for the conguration of these oences, due to the fact

that we are dealing with special subjects, which are lined with special qualities, that charge

them with clearly dened rights and duties. Such a formulation of these oences may give

rise to no less important problems of interpretation, especially in the collaboration cases

of foreign persons and the formal exercise of specic functions provided by law.

Keywords: Criminal law, commercial companies, economy, cooperation, criminal liability.

Introduction

Committing an oence implies the conguration of the four elements of the criminal

oence: object, objective side, subject, subjective side.

e term ‘object oense’ refers to the existence of legal goods or important values to the

person, society, or the State, aected or jeopardized by oences. We can mention some of

these legal goods such as the right to life, health, honor and dignity, wealth, independence

and constitutional order (Elezi, 2008, 16).

According to the doctrine, the claim of lawlessness of the oence stems from the

fundamental principle of legality in the criminal law and it’s in accordance with the nature

of the latter, which due to the dangerousness of the oence, provides also more severe

criminal sanctions (Elezi & Kaçupi & Haxhia, 2006, 45). Illegality has an objective and

subjective character: the objective character relates to the fact that the act or omission is

contrary to the criminal rate; the subjective character relates to the fact that the oence

must be committed with guilt (mental fault).